by the United States Court of Appeals for the Sixth Circuit

“ More damning is RMMI's failure to explain why the then-living Roger Miller would not be included in the closed class of statutory successors. A living author is the first person entitled to the renewal copyright under § 304 (a) (1) (C) . If the class closes at the time of application, and the author is alive at the time of application, then the author is included within the closed class and the copyright vests in him at the start of the renewal term. The renewal copyright passes to the author's assignee, even if the author has died in between the filing of the application and the renewal term. ”

“ The original and renewal copyrights are distinct legal interests. An author who sells the original copyright to his work thus has a second chance to claim ownership at the end of the original term. This system protects an author who was in a weak bargaining position at the outset but whose work ultimately proved successful. ”

“ The word “vest” can refer to several different concepts: an individual's interest may vest at the time he gains an indefeasible right to something or at the time he is actually eligible to receive it. Professor Goldstein recognizes the operation of these varying meanings in the renewal copyright context. ”